HB-5698, As Passed Senate, April 28, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 5698

A bill to amend 1967 PA 288, entitled

"Land division act,"

by amending sections 102, 151, 172, 173, 198, 210, 224a, 229, 242,

244, 255b, 256, 257, and 290 (MCL 560.102, 560.151, 560.172,

560.173, 560.198, 560.210, 560.224a, 560.229, 560.242, 560.244,

560.255b, 560.256, 560.257, and 560.290), section 102 as amended by

1996 PA 591 and section 224a as amended by 1996 PA 219.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 102. As used in this act:

(a) "Plat" means a map or chart of a subdivision of land.

(b) "Land" means all land areas occupied by real property.

features of a proposed subdivision submitted to an approving

authority for purposes of preliminary consideration.

(d) "Division" means the partitioning or splitting of a parcel

or tract of land by the proprietor thereof or by his or her heirs,

executors, administrators, legal representatives, successors, or

assigns for the purpose of sale, or lease of more than 1 year, or

of building development that results in 1 or more parcels of less

than 40 acres or the equivalent, and that satisfies the

requirements of sections 108 and 109. Division does not include a

property transfer between 2 or more adjacent parcels, if the

property taken from 1 parcel is added to an adjacent parcel; and

any resulting parcel shall not be considered a building site unless

the parcel conforms to the requirements of this act or the

requirements of an applicable local ordinance.

(e) "Exempt split" means the partitioning or splitting of a

parcel or tract of land by the proprietor thereof or by his or her

heirs, executors, administrators, legal representatives,

successors, or assigns that does not result in 1 or more parcels of

less than 40 acres or the equivalent. For a property transfer

between 2 or more adjacent parcels, if the property taken from 1

parcel is added to an adjacent parcel, any resulting parcel shall

not be considered a building site unless the parcel conforms to the

requirements of this act or the requirements of an applicable local

ordinance.

(f) "Subdivide" or "subdivision" means the partitioning or

splitting of a parcel or tract of land by the proprietor thereof or

by his or her heirs, executors, administrators, legal

representatives, successors, or assigns for the purpose of sale, or

lease of more than 1 year, or of building development that results

in 1 or more parcels of less than 40 acres or the equivalent, and

that is not exempted from the platting requirements of this act by

sections 108 and 109. "Subdivide" or "subdivision" does not include

a property transfer between 2 or more adjacent parcels, if the

property taken from 1 parcel is added to an adjacent parcel; and

any resulting parcel shall not be considered a building site unless

the parcel conforms to the requirements of this act or the

requirements of an applicable local ordinance.

(g) "Parcel" means a continuous area or acreage of land which

can be described as provided for in this act.

(h) "Tract" means 2 or more parcels that share a common

property line and are under the same ownership.

(i) "Parent parcel" or "parent tract" means a parcel or tract,

respectively, lawfully in existence on the effective date of the

amendatory act that added this subdivision.

(j) "Accessible", in reference to a parcel, means that the

parcel meets 1 or both of the following requirements:

(i) Has an area where a driveway provides vehicular access to

an existing road or street and meets all applicable location

standards of the state transportation department or county road

commission under ~~Act No. 200 of the Public Acts of 1969, being~~

~~sections 247.321 to 247.329 of the Michigan Compiled Laws~~ 1969 PA

200, MCL 247.321 to 247.329, and of the city or village, or has an

area where a driveway can provide vehicular access to an existing

road or street and meet all such applicable location standards.

(ii) Is served by an existing easement that provides vehicular

access to an existing road or street and that meets all applicable

location standards of the state transportation department or county

road commission under ~~Act No. 200 of the Public Acts of 1969~~ 1969

PA 200, MCL 247.321 to 247.329, and of the city or village, or can

be served by a proposed easement that will provide vehicular access

to an existing road or street and that will meet all such

applicable location standards.

(k) "Development site" means any parcel or lot on which exists

or which is intended for building development other than the

following:

(i) Agricultural use involving the production of plants and

animals useful to humans, including forages and sod crops; grains,

feed crops, and field crops; dairy and dairy products; poultry and

poultry products; livestock, including breeding and grazing of

cattle, swine, and similar animals; berries; herbs; flowers; seeds;

grasses; nursery stock; fruits; vegetables; Christmas trees; and

other similar uses and activities.

(ii) Forestry use involving the planting, management, or

harvesting of timber.

(l) "Forty acres or the equivalent" means 40 acres, a quarter-

quarter section containing not less than 30 acres, or a government

lot containing not less than 30 acres.

(m) "Lot" means a measured portion of a parcel or tract of

land, which is described and fixed in a recorded plat.

(n) "Outlot", when included within the boundary of a recorded

plat, means a lot set aside for purposes other than a development

site, park, or other land dedicated to public use or reserved to

private use.

(o) "Proprietor" means a natural person, firm, association,

partnership, corporation, or combination of any of them that holds

an ownership interest in land whether recorded or not.

(p) "Governing body" means the legislative body of a city or

village or the township board of a township.

(q) "Municipality" means a township, city, or village.

(r) "County plat board" means the register of deeds, who shall

act as chairperson, the county clerk, who shall act as secretary,

and the county treasurer. If the offices of county clerk and

of supervisors shall be a member of the plat board and shall act as

chairperson. In a county where a board of auditors is authorized by

law such board may elect to serve on the county plat board by

adopting a resolution so ordering. A copy of the recorded

resolution shall be sent to the ~~state treasurer~~ director of the

department of energy, labor, and economic growth.

(s) "Public utility" means all persons, firms, corporations,

copartnerships, or municipal or other public authority providing

gas, electricity, water, steam, telephone, sewer, or other services

of a similar nature.

(t) "Caption" means the name by which the plat is legally and

commonly known.

(u) "Replat" means the process of changing, or the map or plat

which changes, the boundaries of a recorded subdivision plat or

part thereof. The legal dividing of an outlot within a recorded

subdivision plat without changing the exterior boundaries of the

outlot is not a replat.

(v) "Surveyor" means a professional surveyor licensed under

article 20 of the occupational code, ~~Act No. 299 of the Public Acts~~

~~of 1980, being sections 339.2001 to 339.2014 of the~~ ~~Michigan~~

~~Compiled Laws~~ 1980 PA 299, MCL 339.2001 to 339.2014.

(w) "Engineer" means a civil engineer who is a professional

engineer licensed under article 20 of the occupational code, ~~Act~~

~~No. 299 of the Public Acts of 1980, being sections 339.2001 to~~

~~339.2014 of the~~ ~~Michigan~~ ~~Compiled Laws~~ 1980 PA 299, MCL 339.2001 to

339.2014.

(x) "Government survey" means the land surveyed, subdivided

and monumented by the United States public land survey.

(y) "Michigan coordinate system" means the system defined in

~~Act No. 9 of the Public Acts of 1964, being sections 54.231 to~~

~~54.239 of the~~ ~~Michigan~~ ~~Compiled Laws~~ 1964 PA 9, MCL 54.231 to

54.239.

(z) "Alley" means a public or private right of way shown on a

plat which provides secondary access to a lot, block, or parcel of

land.

(aa) "Health department" means the department of environmental

quality, a city health department, a county health department, or a

district health department, whichever has jurisdiction.

(bb) "Public sewer" means a sewerage system as defined in

section 4101 of ~~part 41 (sewerage systems) of~~ the natural resources

and environmental protection act, ~~Act No. 451 of the Public Acts of~~

~~1994, being section 324.4101 of the Michigan Compiled Laws~~ 1994 PA

451, MCL 324.4101.

(cc) "Public water" means a system of pipes and structures

through which water is obtained and distributed to the public,

including wells and well structures, intakes, and cribs, pumping

stations, treatment plants, reservoirs, storage tanks and

appurtenances, collectively or severally, actually used or intended

for use for the purpose of furnishing water to the public for

household or drinking purposes.

(dd) "Topographical map" means a map showing existing physical

characteristics, with contour lines at sufficient intervals to

permit determination of proposed grades and drainage.

(ee) "Flood plain" means that area of land adjoining the

channel of a river, stream, water course, lake, or other similar

body of water which will be inundated by a flood which can

reasonably be expected for that region.

Sec. 151. (1) A certificate shall be signed and dated by the

~~state treasurer~~ director of the department of energy, labor, and

economic growth, or may be signed and dated for him by an officer

of the department of ~~treasury~~ energy, labor, and economic growth,

if authorized by the ~~state treasurer~~ director of the department of

energy, labor, and economic growth.

(2) The certificate shall signify that:

(a) The plat conforms, in his or her opinion, to all of the

requirements of this act and to the published rules and regulations

of the department of ~~treasury~~ energy, labor, and economic growth,

relative to plats.

(b) The plat has the ~~state treasurer's~~ approval of the

director of the department of energy, labor, and economic growth.

Sec. 172. Upon receipt of the plat from the ~~state treasurer~~

director of the department of energy, labor, and economic growth

the register of deeds shall:

(a) Certify on the plat the time of recording and the book and

page where recorded. He or she shall not accept a plat for

recording unless it is sent to him or her by the ~~state treasurer~~

director of the department of energy, labor, and economic growth

and bears ~~his~~ a certificate of approval of the director of the

department of energy, labor, and economic growth.

(b) Note on the record the time when made.

restrictions noted on or filed with the plat.

(d) Certify and promptly forward to the ~~state treasurer~~

director of the department of energy, labor, and economic growth on

a form specified by him or her that the plat has been recorded.

Sec. 173. When notification of recording of 1 copy of plat has

been received by the ~~state treasurer~~ director of the department of

energy, labor, and economic growth, he or she shall:

(a) Transcribe the certificate of recording on all other

copies.

(b) Retain 1 copy for his or her files.

the clerk of the municipality in which the plat is located, 1 copy

to the county road commission or the city planning commission, and

1 copy to the proprietor if he has submitted an extra copy for

certification and mailing.

Sec. 198. Subject to review and approval at a meeting of the

county plat board of the county in which the subdivision is

located, an affidavit by the surveyor who certified the plat may be

recorded in the office of the register of deeds in which the plat

is recorded but only for the purpose of correcting minor and

typographical errors in distances, angles, directions, bearings,

chords, lot numbers, street numbers or other details shown on a

recorded plat as follows:

(a) The affidavit shall explain the purpose, exact nature, and

details of the correction.

(b) If the county plat board rejects the request for recording

of the affidavit, it shall give its reasons in writing.

board, shall note on the plat a reference to the book and page in

which the affidavit is recorded and shall send a certified copy to

the ~~state treasurer~~ director of the department of energy, labor,

and economic growth, who shall note or reference it on his copy of

the plat. The ~~state treasurer~~ director of the department of energy,

labor, and economic growth shall send copies to all agencies which

received a copy of the plat.

(d) A recorded affidavit, or a certified copy thereof, shall

be prima facie evidence of the facts therein stated.

(e) Affidavits of correction may not be used to change the

boundaries or shape of lots, outlots or parcels of land in a

subdivision.

Sec. 210. The plat, when completed and certified as provided

in this act with the exception of the certification by the county

plat board and when approved by the governing body and in

unincorporated areas by the board of county road commissioners,

shall be acknowledged by the clerk thereof. When so approved and

acknowledged, all copies of the plat shall be forwarded to the

~~state treasurer~~ director of the department of energy, labor, and

economic growth together with the recording fee specified in this

act for all plats. The ~~state treasurer~~ director of the department

of energy, labor, and economic growth shall review the plat for

adherence to the provisions of this act, or may reject it giving

his or her reasons in writing. Upon approval, the ~~state treasurer~~

director of the department of energy, labor, and economic growth

shall forward the plat to the register of deeds for recording. On

return of the proof of recording the required recording fee shall

be sent to the register of deeds and the ~~state treasurer~~ director

of the department of energy, labor, and economic growth shall

distribute the copies as required for all other final plats.

Sec. 224a. (1) The plaintiff shall join as parties defendant

each of the following:

(a) The owners of record title of each lot or parcel of land

included in or located within 300 feet of the lands described in

the petition and persons of record claiming under those owners.

(b) The municipality in which the subdivision covered by the

plat is located.

labor, and economic growth.

(d) The drain commissioner and the chairperson of the board of

county road commissioners having jurisdiction over any of the land

included in the plat.

(e) Each public utility which is known to the plaintiff to

have installations or equipment in the subdivision or which has a

recorded easement or franchise right which would be affected by the

proceedings.

(f) The director of the state transportation department and

the director of the department of natural resources if any of the

subdivision includes or borders a state highway or federal aid

road.

(g) If the requested action may result in a public highway or

a portion of a public highway that borders upon, crosses, is

adjacent to, or ends at a lake or the general course of a stream

being vacated or altered in such a manner as would result in the

loss of public access, the director of the department of natural

resources and, if the subdivision is located in a township, the

township. The department of natural resources and, if applicable,

the township shall review the application and determine within 30

days whether the property should be retained by the state or

township as an ingress and egress point, and shall convey that

decision to the court.

(2) Service of process upon the joined parties defendant shall

be made in accord with the general rules governing service of

process in civil actions except that the parties defendant

specified in subsection (1)(b), (f), or (g) may be served by

registered mail and the parties defendant specified in subsection

(1)(a) may be served by registered mail if there are more than 20

persons that must be joined pursuant to subsection (1)(a).

Sec. 229. (1) If the court orders a plat to be vacated,

corrected, or revised in whole or in part, the court shall also

direct plaintiff to prepare, in the form required by this act for a

final plat, either a new plat of the part of the subdivision

affected by the judgment or a new plat of the entire subdivision if

the court's judgment affects a major part of the subdivision.

(2) Five true copies of the new plat, accompanied by a copy of

the court's judgment, shall be filed with the ~~state treasurer~~

director of the department of energy, labor, and economic growth.

The caption of the new plat shall include a statement that it is a

corrected or revised plat of all or part of the same subdivision

covered by the original plat.

(3) After the ~~state treasurer~~ director of the department of

energy, labor, and economic growth has examined the new or amended

plat for compliance with the court judgment and the provisions of

this act for the making and filing of original final plats and has

approved the new or amended plat, the ~~state treasurer~~ director of

the department of energy, labor, and economic growth shall

distribute 1 copy each to the register of deeds, clerk of the

municipality, county treasurer, and county road commission. One

copy shall be filed in the office of the ~~state treasurer~~ director

of the department of energy, labor, and economic growth.

(4) Fees for recording and filing documents as required by

this section shall be the same as for an original final plat.

Sec. 242. (1) The ~~state treasurer~~ director of the department

of energy, labor, and economic growth shall maintain a permanent

file of plats and the index shall contain all pertinent information

necessary to facilitate reference.

(2) A fee established by the ~~state treasurer~~ director of the

department of energy, labor, and economic growth shall be collected

for copies of plats.

Sec. 244. (1) If the proprietor of a subdivision desires to

retain a copy of the final plat, he or she shall forward a sixth

copy of it to the ~~state treasurer~~ director of the department of

energy, labor, and economic growth for certification as an exact

copy of the approved and recorded plat.

(2) The true copy requested may be made upon tracing linen or

some similar material.

(3) No charge shall be made for certification of the sixth

copy.

Sec. 255b. (1) Ten years after the date the plat is first

recorded, land dedicated to the use of the public in or upon the

plat shall be presumed to have been accepted on behalf of the

public by the municipality within whose boundaries the land lies.

(2) The presumption prescribed in subsection (1) shall be

conclusive of an acceptance of dedication unless rebutted by

competent evidence before the circuit court in which the land is

located, establishing either of the following:

(a) That the dedication, before the effective date of this act

and before acceptance, was withdrawn by the plat proprietor.

(b) That notice of the withdrawal of the dedication is

recorded by the plat proprietor with the office of the register of

deeds for the county in which the land is located and a copy of the

notice was forwarded to the ~~state treasurer~~ director of the

department of energy, labor, and economic growth, within 10 years

after the date the plat of the land was first recorded and before

acceptance of the dedicated lands.

Sec. 256. Subject to the restrictions prescribed in section

255a, when the governing body of a municipality by resolution or

ordinance opens or vacates a street or alley or a portion of a

street or alley, or extends, widens, or changes the name of an

existing street or alley, the clerk of the municipality within 30

days shall record a certified copy with the register of deeds,

giving the name of the plat or plats affected, and shall send a

copy to the ~~state treasurer~~ director of the department of energy,

labor, and economic growth. Until recorded, the ordinance or

resolution shall not have force or effect.

Sec. 257. (1) Subject to the restrictions prescribed in

section 255a, when the governing body of a municipality determines

that it is necessary for the health, welfare, comfort, and safety

of the people of the municipality to discontinue an existing

street, alley, or other public land shown on a plat, by resolution

or ordinance, the governing body may reserve an easement in the

street, alley, or land for public utility purposes and other public

purposes within the right of way of the street, alley, or other

public land vacated.

(2) The resolution or ordinance shall be recorded within 30

days with the register of deeds and a copy shall be sent to the

~~state treasurer~~ director of the department of energy, labor, and

economic growth.

Sec. 290. The employee in direct charge of the plat section in

the ~~office of the state treasurer which~~ department of energy,

labor, and economic growth that performs services for the ~~state~~

~~treasurer~~ director of the department of energy, labor, and economic